Circular No. 20/2017/TT-BNNPTNT guiding the implementation of Government Decree No. 39/2017/NĐ-CP dated April 4, 2017 on the management of animal feed and aquatic feed.

CIRCULAR

GUIDELINES FOR IMPLEMENTING THE GOVERNMENT DECREE NO. 39/2017/NĐ-CP OF APRIL 4, 2017 ON FEED MANAGEMENT FOR ANIMALS AND AQUACULTURE

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Government Decree No. 39/2017/NĐ-CP dated April 4, 2017 on feed management for animals and aquaculture;

The Ministry of Agriculture and Rural Development provides detailed guidance on certain contents of Government Decree No. 39/2017/NĐ-CP dated April 4, 2017 on feed management for animals and aquaculture.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars guide the implementation of certain contents of Government Decree No. 39/2017/NĐ-CP dated April 4, 2017 on feed management for animals and aquaculture (hereinafter referred to as Decree No. 39/2017/NĐ-CP).

Article 2. Applicability

These Circulars apply to organizations and individuals, both domestic and foreign, engaged in activities related to animal and aquaculture feeds within the territory of Vietnam.

Chapter II

CONTENTS OF GUIDANCE

Article 3. Main ingredients in animal and aquaculture feeds

1. Main ingredients in complete mixed feeds and concentrated feeds for livestock, poultry, and aquaculture, and energy feeds for grazing livestock are crude protein and total lysine.

2. Main ingredient in complete mixed feeds for ornamental animals is crude protein.

3. Main ingredients in other types of raw materials and animal and aquaculture feeds are quality indicators determining the nature and function of the product, as declared by the manufacturer and recorded on the product label or technical documentation accompanying the product.

Article 4. Testing procedures for new animal and aquaculture feeds

New animal and aquaculture feeds must be tested according to procedures established by the General Department of Fisheries and the Animal Husbandry Service, submitted to the Ministry of Agriculture and Rural Development for issuance, suitable for each type of livestock. In cases where there is no testing procedure issued by the Ministry of Agriculture and Rural Development for a particular type of livestock, testing shall be conducted according to procedures developed by the testing facility and approved by the testing outline review board established by the General Department of Fisheries and the Animal Husbandry Service. The testing procedures must meet the following requirements:

1. Initial inspection: Laboratory analysis of chemical composition, nutrients, and harmful substances in the test feed according to published quality standards, relevant technical regulations, and the requirements of the testing outline review board.

2. Evaluation of the impact of the product on livestock regarding growth capacity, development, production capacity, and environmental conditions, ensuring the following requirements:

a) The testing period must be at least one breeding cycle or one developmental stage, with a minimum of three repetitions for each test formula;

b) Testing arrangements must be appropriate for each type and age group of livestock;

c) Technical factors must be consistently maintained during testing: The quality of seedlings used in testing must meet relevant standards or technical regulations; stocking density must comply with standards or technical procedures issued by competent authorities. Test batches and control batches must have the same care and rearing conditions, except for the test feed.

3. Monitoring criteria include:

a) Evaluation of growth capacity, development, and production capacity of livestock;

b) Survival rate and health status of livestock through various developmental stages;

c) Feed conversion ratio;

d) Residues of antibiotics and other harmful chemicals in livestock products and the environment (specifically mentioned in the testing outline);

đ) Evaluation of changes in environmental indicators during the breeding process related to product characteristics (for aquaculture feeds);

e) Other relevant criteria (if applicable).

Article 5. Use of veterinary drugs containing antibiotics in animal feed

1. Veterinary drugs mixed into animal feed for disease prevention and treatment purposes for livestock and poultry must be listed in the directory of veterinary drugs permitted to circulate in Vietnam or approved by the competent authority for disease prevention and treatment for livestock and poultry.

2. Organizations and individuals using veterinary drugs containing antibiotics in animal feed for disease prevention purposes for young livestock and poultry and for disease treatment purposes for livestock and poultry are not required to declare the name and concentration of antibiotics in the standards applied and product label when registering feed products permitted to circulate in Vietnam, but they must declare the name and concentration of antibiotics, usage instructions, and cessation period on the product label, label supplement, packaging, or accompanying documentation when circulating on the market; retain information about the antibiotics mentioned in the production file.

3. Organizations and individuals using veterinary drugs without antibiotic components in animal feed for disease prevention and treatment purposes shall comply with the regulations on veterinary drugs, but prescription is not mandatory; they are not required to declare the name and concentration of active ingredients in the standards applied and product label when registering feed products permitted to circulate in Vietnam, but they must declare the name and concentration of active ingredients, usage instructions, and cessation period on the product label, label supplement, packaging, or accompanying documentation when circulating on the market; retain information about the active ingredients mentioned in the production file.

4. Prescription of veterinary drugs containing antibiotics in animal feed for disease prevention and treatment purposes for livestock and poultry shall be carried out by veterinarians holding a certificate of practice in disease prevention and treatment for animals.

The prescription must indicate the drug name, active ingredient, function, dosage, usage period, cessation period of the drug to ensure no development of antibiotic resistance and residual antibiotics and chemicals affecting the safety of food products from animal husbandry, and other recommendations (if applicable).

5. Veterinary drugs mixed into animal feed during processing must ensure the quality, safety, and effectiveness of the drug within the shelf life of each type of animal feed.

6. Veterinary drugs can only be used for disease prevention and treatment purposes in complete mixed feed for livestock and poultry; concentrate feed for grazing livestock permitted to circulate in Vietnam.

7. Livestock farms using animal feed containing veterinary drugs for disease prevention and treatment purposes for livestock and poultry must follow the manufacturer's guidelines and record the usage process.

Article 6. Procedure for Appointing Organizations to Certify the Suitability of Exported and Imported Animal Feed and Aquatic Products

1. Within no more than 15 working days from the date of receiving a valid application as stipulated in Clause 2, Article 17 of Decree No. 39/2017/NĐ-CP, the General Department of Fisheries and the Livestock Production Department will establish an evaluation team to assess the capability of the registering organization through reviewing the application, conducting practical capability assessments at the facility (if necessary), evaluating the inspection procedures and confirmation of the suitability of the quality of exported and imported animal feed and aquatic products established and issued by the registering organization, and making a decision on appointment after obtaining approval from the Minister of Agriculture and Rural Development (applicable for initial registration cases).

2. The inspection and confirmation procedures for the suitability of the quality of exported and imported animal feed and aquatic products established by the registering organization must be appropriate for each type of animal feed and aquatic products: packaged goods, bulk goods, containerized goods, liquid goods, special preservation goods, among which risk factors and mitigation methods must be identified to ensure the quality and effectiveness of the inspection and confirmation of the quality of exported and imported animal feed and aquatic products.

Article 7. Basis for quality inspection and permissible fluctuation range in quality inspection of animal feed and aquatic products

1. Basis for quality inspection of animal feed and aquatic products

a) Published standards: The contents that must be included in the published standards of animal feed and aquatic products are specified in Appendix 1 attached to this Circular. The minimum technical requirements that must be announced in the quality standards of animal feed and aquatic products are specified in Appendix 2 attached to this Circular.

b) Product labels: The minimum contents that must be displayed on the product labels of animal feed and aquatic products are specified in Appendix 3 attached to this Circular.

c) Corresponding technical regulations; provisions regarding antibiotics and prohibited substances in animal husbandry and aquaculture.

d) Other cases based on the requirements of the inspection agency or requests from organizations or individuals with relevant needs.

2. Permissible fluctuation range in quality inspection of animal feed and aquatic products is specified in Appendix 4 attached to this Circular.

Article 8. Quality testing of animal feed and aquatic products

1. Testing of animal feed and aquatic products according to state management requirements must be conducted in laboratories and in accordance with testing methods designated by the Ministry of Agriculture and Rural Development or the General Department of Fisheries, the Livestock Production Department, or the Quality Management Department of Forestry and Fisheries Products.

2. For testing indicators according to state management requirements where there are no designated testing methods or where the designated testing method differs from the testing method stated in the published standard, the General Department of Fisheries or the Livestock Production Department will establish an advisory board for complex testing methods with differing opinions or seek the opinion of at least three experts for simple testing methods to determine the appropriate testing method. Based on the advisory board's conclusion or expert opinion, the General Department of Fisheries or the Livestock Production Department will decide on the temporary application of the testing method in state management activities.

3. Composition of the advisory board

The advisory board consists of at least five people, including representatives from the General Department of Fisheries or the Livestock Production Department, representatives from testing laboratories, and related experts.

Article 9. Handling results of quality inspection of animal feed and aquatic products

1. For animal feed and aquatic products circulating domestically

When the quality inspection results do not meet the requirements, the inspection agency shall notify the inspected entity of the inspection results in writing through postal mail, fax, or email. Within no more than seven working days from the date of receipt of the notification, if the inspected entity does not lodge a complaint about the quality inspection results, the inspection agency shall proceed to handle the violation according to the law.

2. For exported and imported animal feed and aquatic products

When the quality inspection results do not meet the requirements, the designated inspection organization shall report the inspection results to the General Department of Fisheries and the Livestock Production Department, and simultaneously notify the inspected entity in writing through postal mail, fax, or email.

Within no more than seven working days from the date of receipt of the notification, if the inspected entity does not lodge a complaint about the quality inspection results, the General Department of Fisheries and the Livestock Production Department shall proceed to handle the violation according to the law.

3. Resolving complaints about inspection results

In case of disagreement with the quality inspection results, the inspected entity has the right to submit a written request to the inspection agency (for domestic animal feed and aquatic products) or to the General Department of Fisheries and the Livestock Production Department (for imported animal feed and aquatic products) to re-inspect and analyze the quality. The inspection agency shall send the retained sample or take another sample (if necessary) to another designated laboratory for testing. This test result shall serve as the basis for the final handling and conclusion by the inspection agency.

In case of a disputed testing indicator and only one designated laboratory, the General Department of Fisheries or the Livestock Production Department may send the test sample to foreign laboratories recognized by international accreditation organizations, regional accreditation organizations, or designated and recognized by the Ministry of Agriculture and Rural Development.

Article 10. Issuing quality confirmation certificates and monitoring batches for imported animal feed and aquatic products

1. Issuance of quality confirmation certificates

a) For batches of animal feed and aquatic products subject to regular inspection and strict inspection regimes: The inspection agency shall issue a quality confirmation certificate for batches of animal feed and aquatic products that meet the required standards within no more than two working days from the date of receiving test results.

b) For batches of animal feed and aquatic products subject to temporary reduced inspection regime: The inspection agency shall issue a quality confirmation certificate for batches of animal feed and aquatic products that meet the required standards within no more than two working days from the date of completion of on-site inspections.

c) For batches of animal feed and aquatic products subject to temporary exemption from quality inspection: The inspection agency shall issue a quality confirmation certificate for batches of animal feed and aquatic products within two working days from the date of confirmation of the quality confirmation registration form.

d) The content of the quality confirmation certificate must correspond to the inspection content; unverified contents shall not be confirmed.

2. Monitoring of batches of animal feed and aquatic products subject to temporary exemption from quality inspection shall be carried out as in the case of regular inspection.

3. Importation of animal feed and aquatic products not yet permitted for circulation in Vietnam for non-commercial purposes shall be reported to the General Department of Fisheries and the Directorate of Livestock Production for consideration and decision by the Minister.

Article 11. Acceptance and processing of administrative procedures in the field of animal feed and aquatic products

1. The General Department of Fisheries is responsible for accepting and processing administrative procedures related to aquatic feed as stipulated in Decree No. 39/2017/ND-CP for issuing sampling certificates for aquatic feed to sampling personnel of quality control agencies.

2. The Directorate of Livestock Production is responsible for accepting and processing administrative procedures related to animal feed as stipulated in Decree No. 39/2017/ND-CP for issuing sampling certificates for animal feed to sampling personnel of quality control agencies.

3. The General Department of Fisheries or the Directorate of Livestock Production shall accept and process administrative procedures for common raw materials used in the production of animal feed and aquatic feed upon request of organizations and individuals.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. Implementation Provisions

1. This Circular takes effect from December 25, 2017.

2. This Circular replaces Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 of the Ministry of Agriculture and Rural Development detailing certain provisions of Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on the management of animal feed, Circular No. 81/2011/TT-BNNPTNT dated December 1, 2011, Circular No. 50/2014/TT-BNNPTNT dated December 24, 2014, and Circular No. 29/2015/TT-BNNPTNT dated September 4, 2015 amending and supplementing certain provisions of Circular No. 66/2011/TT-BNNPTNT.

3. Abolish Article 25, Article 26, Article 34, and Article 35 of Circular No. 04/2015/TT-BNNPTNT dated February 12, 2015 of the Ministry of Agriculture and Rural Development guiding the implementation of certain contents of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and domestic agency, purchase, sale, processing, and transit of goods with foreign countries in the agricultural, forestry, and fisheries sectors.

Article 13. Responsibility for Implementation

The Head of the Office of the Ministry, the Director-General of the General Department of Fisheries, the Director of the Directorate of Livestock Production, the Directors of Departments of Agriculture and Rural Development of provinces and centrally-administered cities, and the Heads of relevant units, organizations, and individuals are responsible for implementing this Circular.

During the implementation, if there are difficulties or obstacles, please report them to the Ministry of Agriculture and Rural Development for review and amendment./.

ANNEX I

MANDATORY CONTENTS TO BE INCLUDED IN THE ANNOUNCED STANDARDS FOR ANIMAL FEED AND AQUATIC PRODUCTS
(Annexed to Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Ministry of Agriculture and Rural Development

1. Name, address, and telephone number of the organization or individual announcing the standard

2. Name of animal feed and aquatic product

3. Trade name of the animal feed and aquatic product including brand (if any) and product code*

4. Standard announcement number

5. Scope of application of the standard

6. Referenced documents (sampling methods, testing methods for quality indicators and safety indicators of the product)

7. Technical specifications

7.1. Sensory indicators group

7.2. Quality indicators group

7.3. Safety indicators group

8. Raw material composition**

9. Usage instructions, shelf life

10. Storage instructions

11. Date of standard announcement

12. Confirmation by the entity announcing the standard

(*) In cases where the product has different forms (for example, powder, granules, pellets), corresponding product codes may be announced for each form of the same brand.

(**) For probiotic supplements beneficial to livestock and poultry: List the names of the bacterial strains present in the product and other raw material components.

The producer must announce information about the origin and safety of the bacterial strains in the accompanying documents of the registration dossier for animal feed permitted for circulation in Vietnam. Specifically, as follows:

- In cases where native bacterial strains are used for producing probiotic products for animal feed, the native bacterial strains must be recognized as advanced technology for food or animal feed.

- In cases where probiotic products have an imported origin, the bacterial strains or products containing bacterial strains must be approved for circulation in Vietnam by the Directorate of Livestock Production.

ANNEX II

LIST OF MINIMUM TECHNICAL SPECIFICATIONS THAT MUST BE ANNOUNCED WHEN DEVELOPING STANDARDS FOR ANIMAL FEED AND AQUATIC PRODUCTS
(Annexed to Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Ministry of Agriculture and Rural Development)

1. For complete mixed feed, concentrated feed for livestock and poultry, and mixed feed used in aquaculture (not applicable to complete mixed feed for pets)

* Not applicable to aquatic feed.

For animal feed: the entity announcing ME must also announce the calculation method.

** Includes methionine substitutes.

2. For complete mixed feed for pets

3. For vitamin premix or amino acids

4. For mineral premix

5. For vitamin-mineral premix

6. For feed additives for animal husbandry, aquaculture, or biological products

* Depending on each criterion, choose an appropriate announcement format

7. For single raw materials for animal feed and aquaculture, and other feeds

* Depending on each criterion, choose an appropriate announcement format

ANNEX III

MINIMUM CONTENTS TO BE SHOWN ON THE LABEL OF ANIMAL FEED AND AQUATIC FEED PRODUCTS
(Annexed to Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Ministry of Agriculture and Rural Development)

1. FOR COMPLETE MIXED FEED, CONCENTRATED FEED FOR LIVESTOCK AND POULTRY, AND MIXED FEED USED IN AQUACULTURE (not applicable to complete mixed feed for pets)

* Includes methionine substitutes.

** Name and content of antibiotics or active ingredients in veterinary drugs for disease prevention and treatment, as specified in the guidelines for the use of veterinary drugs, directly printed on the packaging or on a label attached to the packaging.

- In addition to the mandatory contents listed above, the entity may include additional information, but it must not contravene regulations on labeling.

- For animal feed and aquatic feed intended solely for export, labeling shall be carried out according to the requirements of the importing country.

2. FOR COMPLETE MIXED FEED FOR PETS

* Name and content of antibiotics or active ingredients in veterinary drugs for disease prevention and treatment, as specified in the guidelines for the use of veterinary drugs, directly printed on the packaging or on a label attached to the packaging.

- In addition to the mandatory contents listed above, the entity may include additional information, but it must not contravene regulations on labeling.

- For animal feed and aquatic feed intended solely for export, labeling shall be carried out according to the requirements of the importing country.

3. INFORMATION TO BE SHOWN ON THE LABEL OF SUPPLEMENTARY FEED AND OTHER ANIMAL FEED AND AQUATIC FEED

* Main components must declare their content according to the applicable announcement standards.

- If the main components are not clearly stated, the criteria announced on the label will be considered as main components.

- In addition to the mandatory contents listed above, the entity may include additional information, but it must not contravene regulations on labeling.

- For animal feed and aquatic feed intended solely for export, labeling shall be carried out according to the requirements of the importing country.

ANNEX IV

PERMISSIBLE VARIATION IN QUALITY TESTING OF ANIMAL FEED AND AQUATIC FEED
(Annexed to Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Ministry of Agriculture and Rural Development)

- For criteria without defined content and units in the table above, the permissible variation is ± 15%.

- The permissible variation does not apply to testing prohibited substances in the beta-agonist group.

- The permissible variation is applied by inspection agencies to test results in evaluating the testing outcomes.